Click4Immigration - New York Immigration Attorneys

Getson & Schatz Refutes USCIS Charge of Fraudulent Marriage by Proving Valid Marriage

Our New York immigration lawyers helped a married couple respond to a USCIS Notice of Intent to Deny (“NOID”) issued relative to an I-130 Petition filed on behalf of the wife based on perceived discrepancies in our clients’ statements during two interviews with USCIS that they attend without attorney assistance.  As a result of these perceived discrepancies, USCIS charged the couple with entering into a fraudulent marriage and initiated removal proceedings against the wife.  However, with the help of Getson & Schatz, our clients clarified their perceived discrepancies, leading the Office of the District Counsel to dismiss the fraud charges and terminate the wife’s removal proceedings.

Our immigration attorneys spent numerous hours with our New York clients going over the government’s allegations of fraud and developing responses that disproved or explained their perceived discrepancies.  In some instances, such as USCIS’ assertion that the wife had been living with another person when she was actually just staying with this person during the week while she was commuting to another city for work, USCIS was clearly in the wrong and had erroneously arrived at an unwarranted conclusion.  In others, our clients explained aspects of their individual personalities that resolved what USCIS interpreted to be inconsistent statements evidencing a fraudulent marriage.  For example, USCIS pointed out that the husband did not know that his wife’s parents were dead.  The husband, in fact, did not know that the wife’s parents had died, but this was because the wife was an intensely private person and simply had not told her husband that her parents were dead.  Getson & Schatz addressed each point of contention and either refuted USCIS’ charge or explained-away the apparent inconsistency, providing proof of the refutations or explanations when possible while also presenting supplementary evidence to show the bona fide nature of our clients’ marriage.  This work proved our clients were in a genuine marriage that was not entered into for the sole purpose of obtaining an immigration benefit, and the government dropped its charge of fraud and ultimately terminated the wife’s removal proceedings.

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